I<OSI<IE MINSI<Y. We are lawyers for IBEW EPCO and have been retained with respect to the abovenoted

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1 I<OSI<IE MINSI<Y October 25, 2018 Ron Lebi Direct Dial: Direct Fax: DELIVERED Ontario Labour Relations Board 505 University Avenue 2nd Floor Toronto, ON M5G 2P1 Attention: Catherine Gilbert, Registrar Dear Ms Gilbert: Re: Electrical Power Systems Construction Association and IBEW Electrical Power Council of Ontario OLRB File No R - Application for Accreditation Our File No We are lawyers for IBEW EPCO and have been retained with respect to the abovenoted application. Enclosed please find one (1) Response which we ask the Board to process in accordance with its Rules of Procedure. Yours truly, KOSKIE MINSKY LLP l-l11 Ii, hon Lebi RL/tp c IBEW EPCO Attention: James Barry Hicks Morley Attention: Patrick Moran ~-,J ". -I, -I ~- (j - N.. _ t.,.,"'! r.., _ > () :> X:i ~ "3 <=> 00 g ::XJ.. :n - () ' ~- CJ1 ;-n -u..:r.:_ 3: ~ :..: '.r:- ()l 0'1 20 Queen Street West, Suite 900, Box 52, Toronto, Ontario M5H 3R3 Tel: Fax: s91g 707

2 Between: File No R LABOUR RELATIONS ACT, 1995 RESPONSE TO APPLICATION FOR ACCREDITATION CONSTRUCTION INDUSTRY BEFORE THE ONTARIO LABOUR RELATIONS BOARD ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION Applicant, - and - THE IBEW ELECTRICAL POWER COUNCIL OF ONTARIO representing the following affiliated Local Unions 105, 115, 120, 303, 353, 402, 530,586,773,804, 1687 Responding Party. [ X ] The responding party states in response to the application: OR [ ] 1. «name of intervenor» intervenes in this proceeding and nat~ in response to the application: :~~ ~ l"-11 (;)' (a) Correct name of the responding party:, ~~:i ~-: IBEW Electrical Power Council of Ontario _i) r-.:> r;::::> ')- N C) ~:,.._,., U1 t. -...,.. ~ (b) Address, telephone number, facsimile number and address of the responding party: IBEW Electrical Power Council of Ontario 61 International Blvd. Suite 209 Etobicoke, ON M9W 6K4 Tel: Fax: james@ibewcco.org (p. 1 of 9) (June 2014)

3 Attention: Mr. James Barry (c) Name, address, telephone number, facsimile number and address of a contact person for the responding party: As above and to: Koskie Minsky LLP 20 Queen Street West Suite 900, Box 52 Toronto, ON M5H 3R3 Tel: Fax: Attention: Mr. Ron Lebi (d) address of representative and assistant (if any): I IB:l I Counsel: rlebi@kmlaw.ca D Paralegal: D Other: Assistant: tpeach@kmlaw.ca Assistant: Assistant: 2. (a) Name, address, telephone number, facsimile number and address (if any) of any employer's organization, trade union or council of trade unions that may have an interest in this application: (b) The party named in paragraph 2(a) is affected by the application for the following reason(s): 3. Detailed description of unit of employers claimed by responding party to be appropriate for accreditation: (Reference must be made to the sector(s) of the construction industry and the geographic area(s) or parts thereof claimed). The Responding Party says that two distinct bargaining units - consistent with the longstanding historical practice and the status quo-are appropriate. (p. 2 of 9) (June 2014)

4 The first bargaining unit should pertain to "Generation Projects Construction" only. The other bargaining unit should pertain to "Transmission Systems Construction" only. Bargaining Unit #1 (Generation Projects} All employers for whom the IBEW Electrical Power Council of Ontario holds bargaining rights in the electrical power systems sector employing electrical general foremen, foremen and subforemen, electrician journeymen, electrician welders, electrician apprentices, communications electricians, journeyman linemen and apprentice linemen engaged in all construction industry work in the electrical power systems sector performed on Ontario Power Generation Inc. (OPGI) and Bruce Power LP facilities in the Province of Ontario. Ontario Power Generation Inc. (OPGI) and Bruce Power LP generating facilities shall mean generating stations, hydraulic works, heavy water facilities, microwave and repeater stations and Miscellaneous Hydraulic Projects located on Ontario Power Generation Inc. (OPGI) and Bruce Power LP property but excludes the building of commercial-type office facilities at locations remote from operating facilities. Bargaining Unit #2 (Transmission Systems} All employers for whom the IBEW Electrical Power Council of Ontario holds bargaining rights in the electrical power systems sector employing electrical general foremen, foremen and subforemen, electrician journeymen, electrician welders, electrician apprentices, communications electricians, lineman foremen, lineman sub-foremen, journeyman linemen, line apprentice/learners, ground work foremen and sub-foremen, groundmen, groundmen drivers, groundman operators and utilitymen engaged in construction industry work in the electrical power systems sector performed for Hydro One on Hydro One property. This work includes the construction of Lines over SO kv, Transformer Stations, Switchyards, Substations, System Control Centres and system control associated telecommunication systems (including microwave and repeater stations). This work excludes the construction of Lines of SO kv or under and the building of commercial-type office facilities at urban locations remote from operating facilities. 4. Representations as to the appropriateness of the unit described in paragraph 3, including the history of collective bargaining, if any, of (p. 3 of 9) (June 2014)

5 the applicant and the responding party: (Attach additional sheets as required) Since the commencement of the collective bargaining relationship between EPSCA and IBEW, the parties have bargained separate and distinct collective agreements pertaining to "Generation Projects Construction" and "Transmission Systems Construction". The parties' bargaining structure is not an historical anomaly but a recognition of the realities of the industry and the labour market. The current bargaining structure should be preserved. Accordingly, the Responding Party proposes two distinct bargaining units described in a way that mirrors the bargaining units set out in the collective agreements pertaining to "Generation Projects Construction" and "Transmission Systems Construction". 5. The number of employers in the unit described by the applicant as being appropriate for accreditation as of the date the application was made: The Responding Party is still gathering this information and number of employers in the unit described by the applicant as being appropriate for accreditation as of the date the application was made is unknown at this time. 6. The number of employers in the unit claimed by the responding party to be appropriate for accreditation as of the date the application was made: The Responding Party is still gathering this information and number of employers in each of the two units described by the responding party as being appropriate for accreditation as of the date the application was made is unknown at this time. 7. Approximate number of members of the responding party working in the area(s) and sector(s) described in the unit of employers claimed by the applicant to be appropriate as of the date the application was made: Unknown at this time (p. 4 of 9) (June 2014)

6 8. In respect of the order(s) requested by the applicant, the responding party /intervenor states: Subject to its position that two distinct bargaining units are appropriate and subject to the Applicant demonstrating the requisite support, the Responding Party does not oppose orders accrediting the Applicant as bargaining agent for distinct bargaining units for "Generation Projects Construction" and "Transmission Systems Construction". Describe your position with respect to the order(s) requested by the applicant 9. The intervenor claims to be affected by the application for the following reasons: 10. Other relevant statements: DATED October 25, 2018 International Brotherhood of IBEW Electrical Power Council of Ontario by its solicitors Koskie Minsky LLP ",...,., ~":::::> : ~"' co 0 7J _:_:-,. <.""'>,n ~-~ : -I - f'\...) () ( )- ~."'~ ' (J1,-~, vjr- J' "' ' -0..._,., :::;;: -- (~',.,., >.r:::- ;"Y; U1 en (p. 5 of 9) (June 2014)

7 CERTIFICATE OF DELIVERY 1. I certify that a completed copy of the response was to [ X ] the applicant, [ ] the responding party, and/or [ ] any affected party named in paragraph 2 of the application or in a response filed by another party, as follows: Hicks Morley Hamilton Stewart Attention: Patrick Moran Name of Organization and name and title of person to whom documents were Fax: Address or facsimile number to which documents were» Name of Organization and name and title of person to whom documents were» Address or facsimile number to which documents were 2. I certify that the following documents were to the affected party named in paragraph 2 of this response, as follows: a copy of the application; a copy of the Notice to Responding Party and/or Affected Party of Application for Accreditation, Construction Industry (Form C- 39); a completed copy of the response; and a blank copy of a Response to Application for Accreditation, Construction Industry () a copy of Employer Lists (p. 6 of 9) (June 2014)

8 » Name of Organization and name and title of person to whom documents were» Address or facsimile number to which documents were 3. These documents were by [ X ] facsimile transmission or [ ] hand delivery on Thursday, October 25, 2018 at c).'.3~.m~, 4. These documents were sent by [ ] regular mail on «date» at «time» a.m.p.m. 5. These documents were given to «name of courier» on «date», and I was advised that they would be not later than «date» at «time» a.m.p.m. NAME: Tracey Peach (p. 7 of 9) ~ ~ (i c:>... -, =. C''.l i. -; ; '' 0 :.v -- ) N 0.. (.)1 ~ ' ~1 (f) r - \.") -~c:... ~ -- 3:,_ r; r- -

9 IMPORTANT NOTES FRENCH OR ENGLISH Si vous communiquez avec la Commission, vous avez le droit de recevoir des services en franc;ais et en anglais. Vous pouvez consulter les regles de la Commission, les formulaires et les bulletins d'information sur le site Web de la Commission au ou composer le ou (sans frais) le pour de plus amples renseignements. Veuillez prendre note que la Commission n'offre pas de services d'interpretation dans les langues autres que le franc;ais et l'anglais. You have the right to communicate with, and receive available services from, the Board in either English or French. You can access the Board's Rules, Forms and Information Bulletins from its website at or by calling Please note that the Board does not provide translation services in languages other than English or French. CHANGE OF ADDRESS Please notify the Board immediately of any change in your address, phone or fax numbers, or your address. If you fail to notify the Board of any changes, correspondence sent to your last known address may be deemed to be reasonable notice to you and the application may proceed in your absence. If you have provided an address with your contact information, the Board will in all likelihood communicate with you by from a generic out-going address. Please be advised that the Board is not yet equipped to receive communications from you by . OLRB RULES OF PROCEDURE The Board's Rules of Procedure describe how an application, response or intervention must be filed, what information must be provided and the time limits that apply. You can obtain a copy of the Rules from the Board's office at 505 University Avenue, 2nd Floor, Toronto, Ontario, MSG 2Pl (Tel: ) or from the Board's website. ACCESSIBILITY and ACCOMMODATION In accordance with the Accessibility for Ontarians with Disabilities Act, 2005, the Board makes every effort to ensure that its services are provided in a manner that respects the dignity and independence of persons with disabilities. Please tell the Board if you require any accommodation to meet your individual needs. FREEDOM OF INFORMATION and PROTECTION OF PRIVACY Personal information is collected on this form under the authority of the Board's governing legislation to assist in the processing of this application. (p. 8 of 9) (June 2014)

10 In addition, information received in written or oral submissions may be used and disclosed for the proper administration of the Board's legislation and processes. The Freedom of Information and Protection of Privacy Act, R.S.O F.31 governs the collection, use and disclosure of this information. Any information that you provide to the Board that is relevant to this application must in the normal course be provided to the other parties to the proceeding. HEARINGS and DECISIONS Board hearings are open to the public unless the panel decides that matters involving public security may be disclosed or if it believes that disclosure of financial or personal matters would be damaging to any of the parties. Hearings are not recorded and no transcripts are produced. The Board issues written decisions, which may include the name and personal information about persons appearing before it. Decisions are available to the public from a variety of sources including the Ontario Workplace Tribunals Library, and over the internet at a free legal information data base. Some summaries and decisions may be found on the Board's website under Highlights and Recent Decisions of Interest. KM v1 (p. 9 of 9) (June 2014)